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IN RE MARCECA

Bankruptcy No. 90 B20782, No. 90 ADV. 6184.

129 B.R. 371 (1991)

In re Robert K. MARCECA, Debtor. 43 EAST 74TH ST. ASSOCIATES, Debtor-in-Possession, Benjamin S. Richman, Arthur Shulman and Irving Barr, Plaintiffs, v. Robert K. MARCECA, Defendant.

United States Bankruptcy Court, S.D. New York.

July 29, 1991.

Attorney(s) appearing for the Case

Paul R. Leverson, Cowan, Liebowitz & Latman, P.C., New York City, for plaintiffs.

Haythe & Curley, New York City, for debtor.

DECISION ON MOTION FOR AN ORDER DISMISSING FIRST AND SECOND CLAIMS IN COMPLAINT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The Chapter 7 debtor, Robert K. Marceca, has moved pursuant to Fed.R.Civ.P. 12(b)(6) and Bankruptcy Rule 7012 to dismiss the plaintiffs' adversary proceeding for failure to state a claim upon which relief can be granted. The plaintiffs filed a complaint to determine the nondischargeability of their...

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